Kochi, Oct 18 The Kerala High Court decided to quash the proceedings against a man for allegedly smoking a beedi filled with ganja after finding that the beedi was not subjected to forensic examination.
The man was charged under the NDPS Act's Section 27 (b) which provides imprisonment for up to six months or a Rs 10,000 fine or both for consuming narcotic drugs or psychotropic substances other than those that are mentioned under Section 27 (a).
Quashing the proceedings, the court pointed out that the beedi that was allegedly said to be smoked by the petitioner was not subjected to forensic examination and "in the absence of any forensic examination of the beedi, the prosecution against the petitioner for the offence under Section 27(b) of the Act, is without any legal basis".
The prosecution case was that the man was found smoking a beedi filled with ganja and that he committed an offence punishable under Section 27(b) of the NDPS Act.
However, the court made it clear that the official concerned's ability to identify the contraband substance based on smell cannot be acceptable evidence to justify criminal prosecution and that the prosecution could not continue without forensic examination or a report from an expert identifying the nature of the contraband substance.
Of late, Kerala has reported increased use of ganja and other narcotic drugs. Likewise, there has been an increased seizure of such products as on Friday morning, the Excise officials, acting on a tip-off, took into custody two migrant labourers who came on a train from Chennai and alighted at Vadakara railway station for possessing nine kg of ganja.
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